Jury pool expansion first step in justice reform

Margaret A. Fox is the executive director of the Metropolitan Area Religious Coalition of Cincinnati (MARCC). Nancy L. Walters is the vice president of MARCC.

Nancy Walters, vice president of MARCC(Photo: Provided)

The Metropolitan Area Religious Coalition of Cincinnati (MARCC), an interfaith coalition, has been working on community-police relations from its inception in 1968. Before and since then, the City of Cincinnati has experienced racial disturbances and safety reforms. Yet, the recent mistrial in the Tensing case once again highlights why there is a lack of trust in the criminal justice system.

Recently, MARCC was reminded by all the above as it moved its offices. One of the movers, an Iraq and Afghanistan veteran, remarked that if he had fired his weapon under similar circumstances while in the military, as in the case of Sam DuBose and Officer Tensing, that he would have been court-martialed. This white, male, veteran feels that black people are profiled by police across the country. His statement is strong. Yet, the pattern of shooting unarmed black males by predominantly white, some Latino or black police officers, stops us from closing our eyes as we view cellphone and body camera videos.

Cincinnati has taken on the issue of race in the justice system through court orders from 2001-2008, first through the Memorandum of Agreement to improve police procedures, training and the use of force among Cincinnati police officers. One of the major reforms out of the 100 made, was the use of Tasers, which dramatically reduced homicides. Then, we entered into the Collaborative Agreement to improve perceptions, interactions, relationships and problem-solving between the police and local communities, particularly the African-American community.

The city has continued to monitor its progress on both agreements. Recently, the City Council approved a full review of that progress with recommendations. All people living in Cincinnati and Hamilton County have been asked to take the Cincinnati Perception Survey as part of the review.

Following the death of DuBose, the University of Cincinnati entered into a voluntary agreement to change its police practices. The first step UC took was to dismiss Tensing, followed by the formation of a Justice and Reform Division, then the appointment of a Community Advisory Council that reports to the Justice and Reform Division regarding the needed reforms. UC hired an independent contractor and team who through interviews and the facts, dismissed the former campus police chief and assistant police chief. Other reforms followed – changes in officer and security officers training, including non-escalation techniques, and many other reforms.

Cincinnati established a pattern of safety practices since the shooting of Timothy Thomas in 2001. We need to acknowledge that progress along with the barriers to further reform. Hamilton County Court of Common Pleas Judge Melba Marsh has introduced a proposal that looks ripe for a first step toward justice reform. Judge Marsh wants expanded jury pools statewide. If this proposal passed, then each county jury pool would reflect its demographic.

Common pleas courts in Ohio's 88 counties have authority to expand pools beyond the list of registered voters by including people with driver licenses, and income tax filings for people 18 and over or other added lists. If done, then jury pools in each one of Ohio counties would reflect that county’s demographics. Currently, there are eight counties in Ohio that have expanded their jury pools through this practice, including Franklin County. Ohio is one of just a few states requiring citizens to be registered to vote if they want to serve as a juror.

MARCC believes changes in the jury pool expansion statewide is a worthwhile goal to pursue. In the meantime, Hamilton County does have the power to implement jury pool expansion now. MARCC believes this step would improve the circumstances for justice and mercy to render a verdict rather than a mistrial.